Sleep apnea Board decisions

The Board denied the veteran's claims for higher initial evaluations for his service-connected lumbosacral strain and tendonitis, left shoulder. The RO assigned a 20 percent evaluation for the lumbosacral strain.

The veteran withdrew his appeal before the Board could make a decision. As a result, the case is dismissed without prejudice.

The Board denied the veteran's claims of service connection for degenerative joint disease with spondylolisthesis, a skin disorder including fatty tumors secondary to exposure to herbicides, and PTSD. The evidence did not support a finding that these conditions were related to his military service.

The Board has granted an increased rating to 40 percent for the veteran's service-connected degenerative joint disease of the lumbosacral spine, which was previously rated at 20 percent.

The RO denied service connection for a low back disability on the basis that no chronic low back disorder was shown by the evidence of record. The veteran's claim has not been reopened due to lack of new and material evidence.

The Board has determined that the veteran's claim for service connection for residuals of a low back injury is well-grounded and remanded for further development.

The case is being remanded for additional development, including a comprehensive VA orthopedic examination and review of the veteran's medical records.

The Board denied an earlier effective date for a 40 percent disability evaluation for lumbosacral strain, finding that the criteria were not met prior to May 28, 1999.

The Board denied service connection for chronic lumbosacral strain and ulcer disorder in August 1997. The veteran appealed, and the Court ordered a remand of the lumbosacral strain claim. In February 2000, the RO granted service connection for chronic lumbar strain with degenerative disc disease at L4-L5 and L5-S1, with a 20% rating effective December 17, 1993. The attorney is eligible to receive 20% of past-due benefits awarded to the veteran from December 17, 1993 to February 29, 2000.

The Board denied the veteran's claims for service connection for arthritis of the cervical spine and sleep apnea, finding no competent medical evidence linking these conditions to his military service. The claim for an increased rating for gastric ulcer disease was also denied.

The Board denied the veteran's claims for an initial rating in excess of 10 percent and an increased rating for his service-connected chronic lumbosacral strain, finding that the evidence did not support ratings higher than those assigned.

The Board denied the veteran's claim for an evaluation in excess of 10 percent for his service-connected lumbosacral strain, finding that the disability has been manifested by tenderness and mild limitation of motion without more significant pathology.

The veteran's appeal is being remanded due to the need for further development and adjudication of his claims, including increased ratings for his service-connected disabilities and secondary service connection for a left hip disability.

The veteran is seeking a higher disability evaluation for his service-connected lumbosacral spine disability. The Board has determined that additional development, including obtaining medical records and evidence from the RO level, is necessary before this case can be adjudicated.

The Board denied the veteran's claims for increased evaluations for his service-connected mild obstructive sleep apnea, bronchitis with a history of pneumonia and scarred lungs, and cognitive impairment not otherwise specified. The RO had initially granted these conditions with specific ratings but the veteran appealed.

The Board has granted a 20 percent evaluation for the veteran's service-connected lumbosacral spine degenerative disc disease, but denied increased ratings for his right knee and right ankle disabilities.

The Board found that the veteran's lumbosacral strain with degenerative changes is not productive of more than severe intervertebral disc syndrome and has not resulted in unfavorable ankylosis, warranting a 40 percent disability rating.

The Board found that the veteran's claims of entitlement to service connection for bilateral hearing loss, a stomach disorder, and lumbosacral strain are not well-grounded. The medical evidence did not demonstrate current disabilities for these conditions.

The Board has determined that the veteran's claims for service connection for a pulmonary disorder, skin condition, sinusitis, and headaches are not well grounded. The claim for sleep apnea is granted as it was incurred in service.

The Board denied the veteran's claim for special monthly compensation based on loss of use of a creative organ due to service-connected disability, finding that there was no competent medical evidence linking his sexual dysfunction to his service-connected lumbosacral strain.